the obama administration saying tsarnaev will not be treated as an enemy combatant. what does senator lindsay graham think about that? nice to see you, sir. i understand, you wrote the statute. >> i have two goals, one, to bring him to justice, through federal court. he was never eligible for military tribunals because he's a military citizen. i wrote that law. what i want to do is find out what he may know about terrorist connections and future plots. now we are down to this, if you don't hold him as an enemy combatant, where you can question him without a lawyer, our intelligence is limited to what his lawyer will allow him to answer. >> you can be a foreign -- an enemy -- war with the united states. and an enemy combatant, where you are connected to a foreign group, trying to do harm to the united states. you can be taken into custody by the military, 30 days and questioned. after 30 days, you are sent to the civilian system? >> in his case, he was never eligible for trial by the military. that's different. i am talking about gathering intelligence. there are two